Collecting Child Support From an Under-the-Table Earner

COLLECTING CHILD SUPPORT FROM AND UNDER-THE-TABLE 

EARNER

This person works regularly and is usually paid in cash either on a daily 

or weekly basis - an under the table earner or working off the books.

 Ask your  attorney or the government child support agency to do a credit check to find assets.

If non-paying parent is purchasing a home, car, boat, etc., subpoena the credit application from the lender. Income will be listed on the application. If property is found, you can have a lien placed on it. When the property is sold, you will then have claim to part of the proceeds earned on the sale of the property.

Get pictures of the non-paying parent at work to show the court that he/she is truly working.

Gather evidence. For example, if the non-paying parent installs carpeting for cash, have a friend contact the non-paying parent and ask about prices, and obtain references from someone he/she has installed carpeting for in the past. These customers can then be subpoenaed or deposed to gather evidence needed to show the court that the non-paying parent has income and chose not to use it to support their children.

Once you have gathered evidence to show that the no-npaying parent really does have income you can file a Contempt of Court motion with the court or possibly Criminal Nonsupport charges.

If you are unable to gather evidence to prove that the non-paying parent has income ask the court to issue a seek-work order.

Unemployed Parent Owes Child support

If the parent who is not working is receiving unemployment 

benefits:

Attach Unemployment Compensation

Unemployment Compensation benefits are attachable for child support. Only the government child support agencies can attach unemployment compensation file an application for this service. You will most likely only receive a portion of the support due because unemployment benefits are usually not a large amount of money.

You need to know the nonpaying parent’s full name, correct address and social security number.

Obtain Seek Work Order

If the nonpaying parent is not collecting unemployment, request court action to issue a “seek work” order that requires the nonpaying parent to provide proof that they are looking for work.  Request the court order the unemployed parent o report in every two weeks to the government child support agency to show proof they are seeking employment. Often if they are really working or working under-the-table it is easier copay than report in.  Also they fail to report in they can be brought up on Contempt of Court Charges.

You can also place liens on property to secure arrearage if the parent is unemployed and if they sell the property you might be entitled to receive some back support due out of the proceeds from the property sale.

Collecting Child Support for an Employed Parent

Collecting Child Support From the 

Employed Nonpaying Parent

EMPLOYED NONPAYOR

This is the person who works a steady job and receives a paycheck from the company regularly.

State law requires that all new orders be paid through an income-withholding (also known as a payroll deduction, income deduction order, or wage withholding).

If your order is old and does not require the non-custodial parent to pay through an income- withholding order, the IV-D child support agency must file an income-withholding order to the non-paying parent’s employer upon your request.

You need to know the employer’s name and address and the social security number of the non- paying parent.

If you do not have this information, it is the responsibility of the child support agency to locate this information (see Locating Absent Parents).

If the non-paying parent lives out of state, file an Interstate Income Withholding, preferred to a UIFSA (Uniform Interstate Family Support Act).

What Type of Child Support Case Do You Have?

What Type of Child Support Case Do 

You Have?

TYPES OF ENFORCEMENT CASES

Here are the five most common types of cases and links to ways to collect child support for that type of case:

• Employed
• Unemployed
• Under-the-table earner
• Self-employed
• Lives out of state

You must have a legal child support order to collect support. Usually a divorce, dissolution, separation or establishment of pattern order include the child support order. See Get a Child Support Order